Legislative Update
Fifth Circuit Majority Bars Reforming Mortgages in Bankruptcy
In a nonprecedential opinion, the Fifth Circuit suggests that a mortgage that could be reformed in state court cannot be reformed in bankruptcy.
Court:
Florida: The Ultimate Subchapter V Experiment: Part II
Florida: The Ultimate Subchapter V Experiment: Part I
To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
Court:
Eleventh Circuit Again Predicted to Split with the Second Circuit on Foreign Recognition
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
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